L1-A or something else?
 

Hello,

Can anyone proficient help me to decide. I am a permanent resident of the UK but not a citizen. I own a small consultancy business with 2 employees my wife and myself. The turnover is about 100k USD/year. I have couple of business proposals that can double my revenue instantly, but only if I expand my business to the US. I am looking at the L1-A for new office visa.

I consulted with a lawyer 6 months ago and he saw my case as weak because of lack of the revenue and no evidence of continuing operation of the UK company after I move to the US. Since then I doubled my revenue. However the problem with proofs of the UK company sustainability are still required and here I need an advice. What can I do? Also the lawyer saw my business plan of the US company as strong, but I see a weakness in terms of extending the visa after the first year period.

The nature of my business (expertise and consulting B2B) does not require to hire employees. I will probably hire my wife to do the paper stuff and talk to clients but I am not going to employ american people.

So, my mine concern is if L1-A is for me? If not, what else I can do? Can you recommend me a lawyer who is able to sort this out?

Thank you.

Re: L1-A or something else?
 

If you qualify, the Green Card Lottery looks your best bet.

I can see why the Lawyer is sceptical.

The E2 is a non contender, no employees.

Re: L1-A or something else?
 

The UK business *must* continue to operate while you're in the US on an L-1A. If that's not going to happen... game over!


A lawyer isn't going to be able to help you if there's no visa to do what you want. Sometimes, things just aren't possible.

Ian

Re: L1-A or something else?
 

Re: L1-A or something else?
 

Yes, I know about this. I have a business partner in the UK an the lawyer suggested me putting him in charge of the UK operations. We have a joint venture and have been working together for some time. I am considering giving him a share in the company revenue, the lawyer told me that should satisfy USCIS.

So, the UK company will stay afloat and it will keep the most part of its current income (only few US clients will be transfered to the new US office).

What I am interested in is to know if the lawyer was right telling me that the fact that I am not going to hire any Americans will not be an unavoidable obstacle. I specially asked him, because, I read a lot in this and other forums that this is important. But he said that it was not a problem as soon as I clearly state and explain in the petition that the nature of my business does not require more employees.

Re: L1-A or something else?
 

I know GM et al are doing their best, but a multi-national company with a staff of 2?

Re: L1-A or something else?
 

The company is not multi-national. It is going to be. :) The visa is for a new office.
Not all businesses require many employees. I provide expert consultation and do not require much staff, actually my wife working as a secretary and outsourced accounting is everything I need.

Re: L1-A or something else?
 

So when is your consulate interview?

Re: L1-A or something else?
 

i sincerely hope you get a GC with that background cos then I would/should be a dead cert.
my company has 7 direct employees (inc myself) 8 directly employed subbies and numerous other indirect subbies, a £2.5m turnover and I am still cacking it !!!!!

Re: L1-A or something else?
 

Im going for an L1A also and have been reading, reading and reading!
and have spoken with a few immigration attorneys from what I can gather and from advice already been given to me.
For a new office thats fine-no employees, but for a renewal Slightly different. I recently spoke with an immigration attorney and explained its all very well us getting the initial visa, but we want to stay there! ie making sure that we have a succesful renewal etc, not just jump the gun and find out that we wouldnt renew ok. Now only from what I am told and read, renewal requires employees because this visa is a 'manager of managers' visa which means you manage. If you have no staff how can you be a manager of managers.
example you have an IT business, you employ a head of sales manager, under the manager comes his staff..... you then might have, head of finance manager then under that manager he/she has his employees etc etc.
Now Im sure that the MUCH MORE Knowledged about these things, than little ol me, will correct me where I am wrong, etc etc but thats an L1 in a nutshell a 'manager of managers'

Re: L1-A or something else?
 

goldenstate -when will you be applying ? we can early Feb. I agree the renwal is just as important and may even be harder

Re: L1-A or something else?
 

Hi flabound we are applying in Feb too!! Although realistically will be the end of feb, as long as its towards the beginning of the year I don't mind!

Re: L1-A or something else?
 

Flabound and goldenstate, thank you for the support. Do you apply for a New Office visa too?
If I sort out the things and the lawyer is happy I will be applying at about the same time as you.
Goldenstate is right about the extension problems, however it applies only for New Office visas. Here is an extract from the regulation:

Extension of visa petition validity

1. (i) Individual petition. The petitioner shall file a petition extension on Form I-129 to extend an individual petition under section 101(a)(15)(L) of the Act. Except in those petitions involving new offices, supporting documentation is not required, unless requested by the director. A petition extension may be filed only if the validity of the original petition has not expired.
   
2. (ii) New offices. A visa petition under section 101(a)(15)(L) which involved the opening of a new office may be extended by filing a new Form 1-129, accompanied by the following:
   
   1. (A) Evidence that the United States and foreign entities are still qualifying organizations as defined in paragraph (I)(1)(ii)(G) of this section;
      
   2. (B) Evidence that the United States entity has been doing business as defined in paragraph (I)(1)(ii)(H) of this section for the previous year;
      
   3. (C) A statement of the duties performed by the beneficiary for the previous year and the duties the beneficiary will perform under the extended petition;
      
   4. (D) A statement describing the staffing of the new operation, including the number of employees and types of positions held accompanied by evidence of wages paid to employees when the beneficiary will be employed in a managerial or executive capacity; and
      
   5. (E) Evidence of the financial status of the United States operation.

As you may see the point D requires showing the staffing during the extension. The lawyer I consulted with told me that it is ok I have no employee if I clearly state and explain it in the initial and extension petition. Is there anyone here who knows this for sure? (mean anyone who received extension or knows about anyone who did). I am not sure because many replies here and on other forums insist that having employees is a must for extension.